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THE  AUSTRALIAN  OR 
SECRET  BALLOT  LAW 


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STATE  OF  MAINE. 


THE  AUSTRALIAN 


OR 


SECRET   BALLOT  LAW. 


AS  AMENDED, 


To  which  is  Appended 


OPINION  OF  S.  J.  COURT. 


AUGUSTA 

KENNEBEC    JOURNAL    PRINT 
1904 


Digitized  by  tine  Internet  Arcinive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


littp://www.arcliive.org/details/australianorsecrOOmainrich 


CHAPTER  102— PUBLIC  LAWS  OF  I89J,  AS 
AMENDED  BY  CHAPTER  267,  PUBLIC  LAWS 
OF  J893  AND  CHAPTERS  6  AND  169  OF 
PUBLIC  LAWS  OF  1903,  ENTITLED 

An  Act  to  provide  for  the  Printing;  and  Distributing  Ballots  at 
the  public  expense  and  to  regfulate  Votingf  for  State  and  City 
Elections* 


Sect.  1.  All  ballots  cast  in  elections  for  national,  state,  dis- 
trict and  county  officers  in  cities,  towns  and  plantations,  and  all 
ballots  cast  in  municipal  elections  in  cities,  shall  be  printed  and 
distributed  at  public  expense  as  hereinafter  provided.  The  print- 
ing of  the  ballots  and  cards  of  instructions  to  voters  shall  in 
municipal  elections  in  cities  be  paid  for  by  the  several  cities 
respectively,  and  in  all  other  elections  the  printing  of  the  ballots 
and  cards  of  instruction,  and  the  delivery  of  them  to  the  several 
cities  and  towns,  shall  be  paid  for  by  the  state.  The  distribution 
of  the  ballots  to  the  voters  shall  be  paid  for  by  the  cities,  towns 
and  plantations  respectively. 

The  term  state  election,  as  used  in  this  act,  shall  apply  to  any 
election  held  for  the  choice  of  a  national,  state,  district  or  county 
officer,  whether  for  a  full  term  or  for  the  filling  of  a  vacancy,  and 
the  term  state  officer  shall  apply  to  any  person  to  be  chosen  by 
the  qualified  voters  at  such  an  election.  The  term  city  election 
shall  apply  to  any  municipal  election  so  held  in  a  city,  and  the 
term  city  officer  shall  apply  to  any  person  to  be  chosen  by  the 
qualified  voters  at  such  an  election. 

Sect.  2.  Any  convention  of  delegates,  and  any  caucus  or 
meeting  of  qualified  voters,  as  hereinafter  defined,  and  individual 
voters,  to  the  number  and  in  the    manner   hereinafter   specified, 

257185 


may  nominate  candidates  for  public  office,  whose  names  shall  be 
placed  upon  the  ballots  to  be  furnisked  as  herein  provided. 

Sect.  3.  Any  convention  of  delegates  representing  a  political 
party  which,  at  the  gubernatorial  election  next  preceding,  polled 
at  least  one  per  cent  of  the  entire  vote  cast  in  the  state  for  gov- 
ernor, or  in  the  electoral  district  or  division  thereof  for  which 
the  nomination  is  made,  and  any  caucus  held  by  such  a  political 
party  in  any  such  electoral  district  or  division,  may  for  the  state, 
or  for  the  district  or  division  for  which  the  convention  or  caucus 
is  held,  as  the  case  may  be,  by  causing  a  certificate  of  nomination 
to  be  duly  filed,  make  one  such  nomination  for  each  office  therein 
to  be  filled  at  the  election.  Every  such  certificate  of  nomination 
shall  state  such  facts  as  may  be  required  as  above  for  its  accept- 
ance, and  as  are  lequired  in  section  five  of  this  chapter;  shall  be 
signed  by  the  presiding  officer  or  by  the  secretary  of  the  con- 
vention or  caucus,  and  shall  be  sworn  by  the  party  signing  to  be 
true,  and  a  certificate  of  the  oath  shall  be  annexed  to  or  made 
on  the  certificate  of  nomination. 

Sect.  4.  Nominations  of  candidates  for  any  offices  to  be  filled 
by  the  voters  of  the  state  at  large  may  be  made  by  nomination 
papers  signed  in  the  aggregate  for  each  candidate  by  not  less 
than  one  thousand  qualified  voters  of  the  state.  Nominations  of 
candidates  for  electoral  districts  or  divisions  of  the  state,  or  for 
municipal  or  ward  officers,  may  be  made  by  nomination  papers 
signed  in  the  aggregate  for  each  candidate  by  qualified  voters 
of  such  district  or  division  not  less  in  number  than  one  for 
every  one  hundred  persons  who  voted  at  the  next  preceding 
gubernatorial  election  in  such  district  or  division,  but  in  no  case 
less  than  twenty-five.  In  the  case  of  a  first  election  to  be  held 
in  a  plantation,  town  or  ward  newly  established,  the  number  of 
twenty-five  shall  be  sufficient  for  the  nomination  of  a  candidate 
who  is  to  be  voted  for  only  in  such  plantation,  town  or  ward; 
and  in  the  case  of  a  first  election  in  a  district  or  division  newly 
established,  other  than  a  plantation,  town  or  ward,  the  number 
of  twenty-five  shall  be  sufficient.  Each  voter  signing  a  nomina- 
tion paper  shall  make  his  signature  in  person,  and  add  to  it  his 
place  of  residence,  and  each  voter  may  subscribe  to  one  nomina- 
tion for  each  office  to  be  filled,  and  no  more.  The  nomination 
papers  shall  before  being  filed  be  respectively  submitted  to  the 
clerks  of  the  cities,    towns   or  plantations  in  which  the  signers 


purport  to  be  qualified  voters,  and  each  clerk  to  whom  the  same 
is  submitted  shall  forthwith  certify  thereon  what  number  of  the 
signatures  are  names  of  qualified  voters  both  in  the  city,  town 
or  plantation  for  which  he  is  clerk  and  in  the  district  or  divi- 
sion for  which  the  nomination  is  made ;  one  of  the  signers  to  each 
such  separate  paper  shall  swear  to  the  truth  thereof,  and  the 
certificate  of  such  oath  shall  be  annexed  to  »t  made  upon  the 
nomination  papers. 

Sect.  5.  All  certificates  of  nomination  and  nomination  papers 
shall,  besides  containing  the  names  of  candidates,  specify  as  to 
each,  first,  the  oflSce  for  which  he  is  nominated ;  second,  the  party 
or  political  principle  which  he  represents,  expressed  in  not  more 
than  three  words ;  third,  his  place  of  residence.  In  the  case  of 
electors  of  president  and  vice-president  of  the  United  States, 
the  names  of  the  candidates  for  president  and  vice-president  may 
be  added  to  the  party  or  political  appellation. 

Sect.  6.  Certificates  of  nominations  and  nomination  papers 
for  the  nomination  of  candidates  for  state  and  county  officers  and 
representatives  to  the  legislature,  shall  be  filed  with  the  secretary 
of  state  on  or  before  the  tenth  day  of  August  of  each  year  in 
which  such  election  is  held,  and  for  candidates  for  electors  of 
president  and  vice-president  on  or  before  the  tenth  day  of  October 
in  each  year  when  such  election  is  held.  Such  certificates  and 
papers  for  the  nomination  of  candidates  for  the  offices  of  mayor 
and  all  other  offices  in  cities  shall  be  filed  with  the  city  clerks  of 
the  respective  cities  at  least  seven  days,  exclusive  of  Sundays, 
previous  to  the  day  of  such  election.  Such  certificates  and  papers 
for  the  nomination  of  candidates  to  be  voted  for  at  any  special 
election  to  be  held  for  choice  of  representatives  to  congress  or 
members  of  the  legislature  shall  be  filed  with  the  Secretary  of 
State  at  least  seven  days,  exclusive  of  Sundays,  previous  to  the 
day  of  election.  With  nomination  papers  and  certificates  shall 
also  be  filed  the  consent  in  writing  of  the  person  nominated. 

Sect.  7.  The  certificates  of  nomination  and  nomination 
papers  being  filed,  and  being  in  apparent  conformity  with  the 
provisions   hereof,  shall   be  deemed  to   be  valid ;    and   if   not   in 

apparent  conformity,  they  may  be  seasonably  amended  under 
oath. 

Sect.  8.  In  case  a  candidate  who  has  been  duly  nominated 
under    the   provisions    hereof    shall  die  before   the  day  of   elec- 


tion,  or  shall  withdraw  in  writing,  the  vacancy  may  be  supplied 
by  the  political  party  or  other  persons  making  the  original  nom- 
ination, in  the  manner  herein  provided  for  such  nomination ;  or, 
if  the  time  is  insufficient  therefor,  then  the  vacancy  may  be  sup- 
plied, if  the  nomination  was  made  by  a  ponvention  or  caucus  in 
such  manner  as  the  convention  or  caucus  has  previously  pro- 
vided for  the  purpose,  or  in  case  of  no  such  previous  provision, 
then  by  a  regularly  elected  general  or  executive  committee  repre- 
senting the  political  party  or  persons  holding  such  convention 
or  caucus.  The  certificates  of  nomination  made  for  supplying 
such  vacancy,  shall  state,  in  addition  t©  the  other  facts  required 
by  this  chapter  the  n,ame  of  the  original  nominee,  the  facts  causing 
the  vacancy,  and  the  measures  taken  in  accordance  with  the 
above  requirements  for  filling  the  vacancy ;  said  certificate  shall 
be  accompanied  by  the  withdrawal,  if  any,  and  shall  be  signed 
and  sworn  to  by  the  presiding  officer  or  secretary  of  the  conven- 
tion or  caucus,  or  by  the  chairman  or  secretary  of  the  duly 
authorized  committee,  as  the  case  may  be.  The  name  so  sup- 
plied for  the  vacancy  shall,  if  the  ballots  have  not  been  printed 
for  the  office  already,  be  placed  on  the  ballots,  instead  of  the 
original  nomination ;  or,  if  the  ballots  have  been  printed,  new 
ballots  containing  the  new  nomination  shall,  whenever  practica- 
ble, be  furnished,  or,  slips  containing  the  new  nomination  shall 
be  piinted  under  the  direction  of  the  Secretary  of  State,  which 
may  be  pasted  in  proper  place  upon  the  ballots  and  thereafter 
shall  become  part  and  parcel  of  said  ballots  as  if  originally 
printed  thereon. 

Sect.  9.  All  certificates  of  nomination  and  nomination 
papers,  when  filed,  shall  forthwith  be  opened  and  kept  open 
under  proper  regulations  to  public  inspection,  and  the  Secretary 
of  State  and  the  several  city  clerks  shall  preserve  the  same  in 
their  respective  offices  not  less  than  one  year. 

Sect.  10.  Every  general  ballot,  or  ballot  intended  for  the  use 
of  all  voters,  which  shall  be  printed  in  accordance  with  the  pro- 
visions of  this  chapter,  shall  contain  the  names  and  residences,  ward 
residences  in  city  elections,  of  all  candidates  whose  nominations 
for  any  oflice  specified  in  the  ballot  have  been  duly  made  and  not 
withdrawn  in  accordance  herewith,  and  the  office  for  which  they 
have  been  severally  nominated  and  shall  contain  no  other  names 
except   that   in   case   of   electors  of  president  and  vice-president 


of  the  United^States,  the  names  of  the  candidates  for  president 
and  vice-president  may  be  added  to  the  party  or  political  desig- 
nation. The  names  of  candidates  nominated  by  any  party  shall 
be  grouped  together  upon  the  ballot.  Above  each  group  shall 
be  placed  the  name  of  the  political  party  by  which  the  candidates 
comprising  such  group  were  placed  in  nomination,  or  by  the 
political  designation  as  described  in  the  certificate  of  nomination, 
or  nomination  papers  under  a  square.  If  only  one  person  be 
nominated  by  any  party,  or  under  any  political  designation,  his 
name  with  the  office  for  which  he  is  a  candidate  shall  be  printed 
by  itself  under  the  name  of  such  party  or  political  designation. 
A  blank  space  shall  be  left  after  the  names  of  the  candidates  for 
each  different  office  in  which  the  voter  may  insert  the  name  of 
any  person,  for  whom  he  desires  to  vote  as  candidate  for  such 
office.  Whenever  the  approval  of  a  constitutional  amendment 
or  other  question  is  submitted  to  the  vote  of  the  people,  such 
question  shall  be  printed  upon  the  ballot  after  the  list  of  candi- 
dates. The  ballots  shall  be  so  printed  as  to  leave  a  blank  space, 
above  such  amendment  or  question  so  as  to  give  to  each  voter  a 
clear  opportunity  to  designate  by  a  cross  mark  (X)  therein,  his 
answers  to  the  questions  submitted  and  on  the  ballot  may  be 
printed  such  words  as  will  aid  the  voter  to  do  this  as  'yes,'  'no,' 
and  the  like. 

The  ballot  shall  be  not  less  than  four  inches  in  width  and  not 
less  than  six  inches  in  length.  Before  distribution  the  ballots 
shall  be  so  folded  in  marked  creases  that  their  width  and  length 
when  folded  shall  be  unifoi-m.  On  the  back  and  outside,  when 
folded,  shall  be  printed  "Official  Ballot  for,"  followed  by  the 
designation  of  the  polling  place  for  which  the  ballot  is  prepared, 
the  date  of  the  election  and  a  fac-simile  of  the  signature  of  the 
Secretary  of  State  or  city  clerk  who  has  caused  the  ballot  to  be 
printed.  Except  as  otherwise  herein  provided,  ballots  shall  be 
printed  upon  clear  white  paper  without  any  distinguishing  mark  or 
figure  thereon. 

Sect.  11.  All  ballots  when  printed  shall  be  folded  as  herein- 
before provided,  and  fastened  together  in  convenient  numbers  in 
packages,  books  or  blocks,  in  such  manner  that  each  ballot  may 
be  detached  and  removed  separately.  A  record  of  the  number  of 
ballots  printed  and  furnished  to  each  polling  place  shall  be  kept 
and  preserved  by  the  Secretary  of  State  and  the  several  city  clerks 
for  the  term  of  one  year. 


Sect.  12.  There  shall  be  provided  for  each  voting  place  at 
which  an  election  is  to  be  held,  two  sets  of  such  general  ballots, 
each  of  not  less  than  sixty  for  every  fifty  and  fraction  of  fifty 
votes  cast  in  said  voting  place  at  the  next  preceding  election, 
city,  state  or  national,  corresponding  to  the  election  for  which  said 
ballots  are  to  be  provided. 

Sect.  13.  The  Secretary  of  State,  in  case  of  a  state  election, 
and  the  several  city  clerks,  in  case  of  city  elections,  shall  prepare 
full  instructions  for  the  guidance  of  voters  at  such  elections,  as 
to  obtaining  ballots,  as  to  the  manner  of  marking  them,  and  the 
method  of  gaining  assistance,  and  as  to  obtaining  new  ballots  in 
place  of  those  accidentally  spoiled,  and  they  shall  respectively 
cause  the  same,  together  with  copies  of  sections  twenty-nine, 
thirty,  thirty-one  aad  thirty-two  of  this  chapter  to  be  printed  in 
large,  clear  type,  on  separate  cards,  to  be  called  cards  of  instruc- 
tions ;  and  they  shall  respectively  furnish  the  same  and  the  ballots 
for  use  in  each  such  election.  They  shall  also  cause  to  be  printed 
on  tinted  paper,  and  without  the  fac-simile  endorsements,  ten  or 
more  copies  of  the  form  of  the  ballot  provided  for  each  voting 
place  at  each  election  therein,  which  shall  be  called  specimen 
ballots,  and  shall  be  furnished  with  the  other  ballots  provided  for 
each  such  voting  place. 

Sect.  14.  The  Secretary  of  State  shall,  seven  days  at  least 
previous  to  the  day  of  any  election  of  state  or  county  oflScers, 
transmit  to  the  clerks  in  each  city,  town  and  plantation  in  which 
such  election  is  to  be  held,  printed  lists  containing  the  names, 
residences,  and  party  or  political  appellations  of  all  candidates 
nominated  as  herein  provided  for  such  election  and  to  be  voted  for 
in  each  voting  place  in  each  such  city,  town  and  plantation  re- 
spectively, substantially  in  the  form  of  the  general  ballot  to  be  so 
used  therein ;  and  the  clerks  shall  immediately  cause  the  lists  for 
each  plantation,  town  or  ward,  as  the  case  may  be,  to  be  con- 
spicuously posted  in  one  or  more  public  places  in  such  plantation, 
town  or  ward.  The  Secretary  of  State  shall  likewise  cause  to  be 
published  prior  to  the  day  of  any  such  election,  in  at  least  two 
newspapers,  if  there  be  so  many,  printed  in  each  county,  repre- 
senting, so  far  as  practicable,  the  political  parties  which,  at  the 
preceding  election,  cast  the  largest  and  next  largest  number  of 
votes,  a  list  of  all  the  nominations  made  as  herein  provided,  and 
to  be  voted  for  in  such  county,  so  far  as  may  be,  in  the  form  in 


which  they  shall  appear  upon  the  general  ballots.  New  nomina- 
tions made  or  authorized  shall  be  transmitted,  posted  and  pub- 
lished promptly,  and  so  far  as  practicable  in  the  manner  herein 
directed  and  communications  transmitted  as  herein  directed  by  the 
Secretary  of  State  to  any  clerk,  shall  be  duplicated  on  the 
succeeding  day. 

Sect.  15.  The  city  clerk  of  each  city  shall  four  days  at  least 
prior  to  the  day  of  any  city  election  therein,  cause  to  be  conspic- 
uously posted  in  one  or  more  public  places  in  each  ward  of  such 
city  a  printed  list  containing  the  names,  residences  and  party  or 
political  appellations  of  all  candidates,  nominated,  as  lierein  pro- 
vided, and  to  be  voted  for  in  such  ward,  substantially  in  the  form 
of  the  general  ballot  to  be  so  used  therein ;  and  he  shall  likewise 
cause  to  be  published,  prior  to  the  day  of  such  election,  in  at  least 
two  newspapers,  if  there  be  so  many,  printed  in  such  city,  repre- 
senting the  political  parties  which  cast  at  the  preceding  election 
the  largest  and  next  largest  number  of  votes,  a  list  of  all  the 
nominations  made,  as  herein  provided,  and  to  be  voted  for  in  such 
city,  BO  far  as  may  be,  in  the  form  in  which  they  shall  appear 
upon  the  general  ballots. 

Sect.  16.  The  Secretary  of  State  shall  send,  separately  and  at 
different  times  or  by  different  methods,  the  two  sets  of  general 
and  special  ballots,  together  with  the  specimen  ballots,  and  cards 
of  instruction  printed  by  him,  as  herein  provided,  to  the  several 
city,  town  and  plantation  clerks,  so  as  to  be  received  by  them, 
one  set  seventy-two  hours  at  least,  previous  to  the  day  of  election, 
and  the  other  set  forty-eight  hours  at  least  previous  thereto. 
The  same  shall  be  sent  in  sealed  packages,  with  marks  on  the 
outside  clearly  designating  the  polling  place  for  which  they  are 
intended,  and  the  number  of  ballots  of  each  kind  enclosed ;  and 
the  respective  city,  town  and  plantation  clerks  shall  on  delivery 
to  them  of  such  packages,  return  receipts  therefor  to  the  secretary. 
The  secretary  shall  keep  a  record  of  the  time  when,  and  the  man- 
ner in  which  the  several  packages  are  sent,  and  shall  preserve  for 
the  period  of  one  year  the  receipts  of  the  city,  town  and  planta- 
tion clerks. 

Sect.  17.  The  two  sets  of  ballots  together  with  the  specimen 
ballots  and  cards  of  instruction  printed  by  the  city  clerks  as 
herein  provided,  shall  be  packed  by  them  in  separate  sealed  pack- 
ages,   with   marks  on  the  outside  clearly  designating  the  polling 


lO 

places  for  which  they  are  intended,  and  the  number  of  ballots  of 
each  kind  enclosed. 

Sect.  18.  The  several  city,  town  and  plantation  clerks,  or 
municipal  officers,  shall  send  to  the  presiding  election  officer  or 
officers  of  such  voting  place  before  the  opening  of  the  polls  on 
the  day  of  election  one  set  of  ballots  so  prepared,  sealed  and 
marked  for  such  voting  place,  and  a  receipt  of  such  delivery  shall 
be  returned  to  them  from  the  presiding  election  officer  or  officers 
present  which  receipt,  with  a  record  of  the  number  of  ballots  sent, 
shall  be  kept  in  the  clerk's  office  for  one  year.  At  the  opening  of  the 
polls  in  each  polling  place  the  seals  of  the  packages  shall  be 
publicly  broken,  and  the  packages  shall  be  opened  by  the  presiding 
election  officer  or  officers,  and  the  packages,  books  or  blocks  of 
ballots  shall  be  delivered  to  the  ballot  clerks  hereinafter  provided 
for.  The  cards  of  instruction  shall  be  immediately  posted  at  or  in 
each  voting  shelf  or  compartment  provided  in  accordance  with  this 
chapter  for  the  marking  of  the  ballots,  and  not  less  than  three 
such  card's  and  not  less  than  five  specimen  ballots  shall  be 
immediately  posted  in  or  about  the  polling  rooms  outside  the  guard 
rails.  The  second  set  of  ballots  shall  be  retained  by  the  respec- 
tive city,  town  and  plantation  clerks  until  they  are  called  for  or 
needed  for  the  purposes  of  voting,  and,  upon  the  requisition 
in  writing  of  the  presiding  election  officer  or  officers  of  any  voting 
place,  the  second  set  of  ballots  shall  be  furnished  to  such  voting 
place  in  the  manner  above  provided  as  to  the  first  set. 

Sect.  19.  In  case  the  ballots  to  be  furnished  to  any  city,  town 
or  plantation  or  voting  place  therein,  in  accordance  with  the  pro- 
visions hereof,  shall  fail  for  any  reason  to  be  duly  delivered,  or 
in  case  after  delivery  they  shall  be  destroyed,  lost  or  stolen, 
it  shall  be  the  duty  of  the  clerk  or  municipal  officers  of  such  city, 
town  or  plantation  to  cause  other  ballots  to  be  prepared  substan- 
tially in  the  form  of  the  ballots  so  wanting  and  to  be  furnished ; 
and  upon  receipt  of  other  such  ballots  from  him  or  them,  accom- 
panied by  a  statement  under  oath  that  the  same  have  been  so 
prepared  and  ful-nished  by  him,  and  that  the  original  ballots  have 
80  failed  to  be  received  or  have  been  so  destroyed,  lost  or  stolen, 
the  election  officers  shall  cause  the  ballots  so  substituted  to  be 
used  in  lieu  of  the  ballots  wanting  as  above. 

Sect.  20.  The  municipal  officers,  sixty  days  before  any  elec- 
tion,  may  divide  towns  of  more  than  four  thousand  inhabitants 


II 

and  wards  of  cities  into  convenient  polling  distvictd,  (a)  which  shall 
contain  not  less  than  three  hundred  voters  in  each,  defining  the 
limits  thereof  by  a  writing  under  their  hands  to  be  filed  with  and 
recorded  by  the  city  or  town  clerks ;  and  attested  copies  thereof 
shall  forthwith  be  posted  by  said  clerks  in  not  less  than  six 
public  and  conspicuous  places  in  said  town  or  ward,  and  the 
same  shall  be  published  in  one  or  more  of  the  newspapers,  if 
any,  printed  in  said  city  or  town,  thirty  days  at  least  before  such 
election.  They  shall  also  ten  days  before  any  such  election, 
appoint  a  warden  and  ward  clerk  for  each  polling  place  other 
than  the  one  in  which  the  warden  duly  elected  for  such  ward 
shall  preside,  who  shall  perform  the  same  duties  at  elections  as 
presiding  officers  and  clerks  of  towns  and  wards  now  perform. 
Any  vacancy  occurring  after  appointment  may  be  filled  by  the 
voters  of  said  polling  district  as  similar  vacancies  are  now  filled. 
All  such  oflacers  shall  be  sworn.  The  board  of  registration  of 
voters  for  any  city  in  which  a  ward  has  been  so  divided,  and 
the  municipal  officers  of  any  town  which  has  been  so  divided, 
shall  in  the  manner  now  provided  for  by  law,  prepare  check 
lists  of  the  qualified  voters  for  each  of  said  polling  districts,  in 
lieu  of  the  check  lists  now  provided  by  law  for  the  entire  town 
or  ward,  to  be  used  as  hereinafter  provided,  and  all  provisions 
of  law  applicable  to  check  lists  for  towns  and  wards  shall  apply 
to  check  lists  for  such  polling  districts. 

Sect.  21.  The  municipal  officers  of  cities,  towns  and  planta- 
tions voting  in  accordance  with  the  provisions  of  this  chapter,  shall 
biennially  in  the  month  Qf  May  appoint  clerks  for  each  polling 
place ;  and  such  municipal  officers  shall  appoint  as  such  clerks 
such  persons  as  shall  be  recommended  for  such  appointment  by 
the  several  political  party  committees  of  the  several  cities,  towns 
or  plantations,  representing  the  two  political  parties  which,  at 
the  gubernatorial  election  next  preceding  such  appointment,  cast 
the  greatest  number  of  votes.  For  each  polling  place  in  cities 
and  towns  of  more  than  one  thousand  inhabitants  four  clerks, 
and  for  each  polling  place  in  plantations,  and  for  each  island 
ward  of  the  city  of  Portland  and  for  the  island  district  of  the 
town  of  Cumberland  (b)  and  for  every  town  of  less  than  one  thou- 
sand inhabitants,  two  clerks  shall  be  appointed.  Said  clerks 
shall  equally  represent  each  of  the  political  parties  which  cast 
the  largest  number  of  votes  in  the  state  election  next  preceding 


la 

their  appointmait.  Each  of  said  clerks  shall  be  s^orn  to  the 
faithful  performance  of  his  duties,  and  shall  hold  office  for  two 
years  from  the  date  of  his  appointment,  and  until  a  successor  is 
appointed  and  qualified,  or  he  vacates  the  office.  Vacancies 
occuring  in  the  office  of  election  or  ballot  clerks  shall  be  forth- 
with filled  by  the  municipal  officers  in  manner  hereinbefore  pro- 
vided. Such  election  clerks  shall  attend  at  the  times  and  places 
designated  for  meetings  in  their  respective  ward»,  towns  or 
plantations  for  the  election  of  any  national,  state,  county,  city 
or  ward  officers,  and  for  the  determination  of  any  question  sub- 
mitted to  the  qualified  voters  of  any  city  by  lawful  authority, 
shall  be  present  at  and  witness  the  counting  by  the  presiding 
election  officer  or  officers  of  all  votes  cast  in  such  meetings,  arid 
shall  receive  soch  reasonable  compensation  for  each  day's  actual 
service  as  the  municipal  officers  of  their  respective  cities,  towns 
and  plantations  may  determine.  No  person  shall  be  eligible  to 
the  position  of  election  clerk  in  any  ward,  town  or  plantation 
where  he  is  a  candidate  to  be  voted  for.  Two  of  the  clerks  in 
each  polling  place,  one  from  each  political  party  shall  be  detailed 
by  the  municipal  officers  to  act  as  ballot  clerks.  The  two  ballot 
clerks  thus  detailed  and  appointed  in  each  polling  place  shall 
have  the  charge  of  the  ballots  therein  and  shall  furnish  them  to 
the  voters  in  the  manner  hereinafter  set  forth.  A  duplicate  list 
of  the  qualified  voters  in  each  ward,  town  or  plantation  shall  be 
prepared  for  the  use  of  the  ballot  clerks,  and  all  the  provisions 
of  law  relative  to  the  preparation,  furnishing  and  preservation 
of  check  lists  shall  apply  to  such  duplicate  lists.  Provisions  in 
the  charter  of  any  city  for  the  election  of  two  persons  to  assist 
the  warden  in  receiving,  sorting  and  counting  the  ballots,  are  not 
affected  by  the  provisions  hereof ;  but  persons  so  elected  shall 
be  deemed  election  clerks  for  that  purpose ;  they  shall  equally  rep- 
resent the  two  political  parties  which,  at  the  state  election  next 
preceding,  cast  the  greatest  number  of  votes. 

Sect.  22.  The  municipal  officers  in  each  city,  town  or  planta- 
tion, as  aforesaid,  shall  cause  the  polling  places  therein  to  be 
suitably  provided  with  a  sufficient  number  of  voting  shelves  or 
compartments,  at  or  in  which  voters  may  conveniently  mark 
their  ballots,  so  that  in  the  marking  thereof  they  shall  be 
screened  from  the  observation  of  others,  and  a  guard  rail  shall 
be  so  constructed  and  placed  that  only  such  persons  as  are  inside 


13 

said  rail  can  approach  within  six  feet  of  the  ballot  boxes,  and 
of  such  voting  shelves  or  compartments.  The  arrangement  shall 
be  such  that  neither  the  ballot  boxes  n©r  the  voting  shelves  or 
compartments  shall  be  hidden  from  the  view  of  persons  just 
outside  the  guard  rail.  The  number  of  such  voting  shelves  or 
compartments  shall  not  be  less  than  one  for  every  one  hundred 
voters  qualified  to  vote  at  such  polling  place,  and  not  less  than 
three  in  any  town,  and  not  less  than  five  in  any  ward  of  a  city. 
No  person  other  than  the  election  officers,  election  clerks  and 
voters  admitted  as  hereinafter  provided,  shall  be  permitted  within 
said  rail,  except  by  authority  of  the  presiding  election  officer 
or  officers  for  the  purpose  of  keeping  order  and  enforcing  the  law. 
Each  voting  shelf  or  compartment  shall  be  kept  provided  with 
proper  supplies  and  conveniences  for  marking  the  ballots. 

Sect.  23.  Any  person  desiring  to  vote  shall  give  his  name, 
and,  if  requested  to  do  so,  his  residence,  to  one  of  the  ballot 
clerks,  who  shall  thereupon  announce  the  same  in  a  loud  and 
distinct  tone  of  voice,  clear  and  audible,  and  if  such  name  is 
found  upon  the  check-list  by  the  ballot  clerk  having  charge 
thereof,  he  shall  likewise  repeat  the  said  name,  and  the  voter 
shall  be  allowed  to  enter  the  space  enclosed  by  the  guard  rail,  as 
above  provided.  The  ballot  clerk  shall  give  him  one,  and  only 
one  ballot,  and  his  name  shall  be  immediately  checked  on  said  list. 

Besides  the  election  officers,  and  election  clerks,  not  more  than 
two  voters  in  excess  of  the  number  of  voting  shelves  or  compart- 
ments provided,  shall  be  allowed  in  said  inclosed  space  at  one 
time. 

Sect.  24.  On  receipt  of  his  ballot  the  voter  shall  forthwith, 
and  without  leaving  the  inclosed  space,  retire  alone  to  one  of  the 
voting  shelves  or  compartments  so  provided,  and  shall  prepare  his 
ballot  by  marking  in  the  appropriate  margin  or  place,  a  cross  (X) 
as  follows  :  He  may  place  such  mark  within  the  square  above  the 
name  of  the  party  group  or  ticket,  in  which  case  he  shall  be 
deemed  to  have  voted  for  all  the  persons  named  in  the  group  under 
such  party  or  designation.  And  if  the  voter  shall  desire  to  vote 
for  any  person  or  persons,  whose  name  or  names  are  not  printed 
as  candidates  on  the  party  group  or  ticket,  he  may  erase  any 
name  or  names  which  are  printed  on  the  group  or  party  ticket,  and 
under  the  name  or  names  so  erased  he  may  fill  in  the  name  or 
names  of  the  candidates  of  his  choice.     Or  if  the  voter  places 


14 

and  sticks  on  and  over  the  name  or  names  of  any  candidate  or 
candidates  for  any  office  or  offices,  a  small  strip  or  strips  of  paper, 
commonly  known  as  a  sticker  or  stickers,  bearing  thereon  a  name 
or  names  other  than  the  name  or  names  of  the  candidate  or  candi- 
dates so  erased  or  covered  up,  the  name  or  names  of  such 
candidate  or  candidates  so  covered  shall  be  considered  to  be 
erased  from  the  ballot,  and  the  person  or  persons  whose  name  or 
names  shall  so  appear  on  such  strip  or  strips  of  paper  so  placed 
and  stuck  on  the  ballot,  shall  be  deemed  to  be  voted  for  by  the 
voter  as  candidate  or  candidates  for  such  office  or  offices.  Or 
if  the  voter  does  not  desire  to  vote  for  a  person  or  persons  whose 
name  or  names  are  printed  upon  the  party  group  or  ticket,  he 
may  erase  such  name  or  names  with  the  effect  that  the  ballot 
shall  not  be  counted  for  the  candidate  or  candidates  whose  names 
are  so  erased.  In  case  of  a  question  submitted  to  the  vote  of  the 
people  he  shall  place  such  mark  in  the  appropriate  margin  above 
the  answer  which  he  desires  to  give.  Before  leading  the  voting 
shelf  or  compartment,  the  voter  shall  fold  his  ballot  without 
displaying  the  marks  thereon,  in  the  same  way  it  was  folded  when 
received  by  him,  and  he  shall  keep  the  same  so  folded  until  he 
has  voted.  He  shall  vote  in  the  manner  provided  by  law  before 
leaving  the  enclosed  space,  and  shall  deposit  his  ballot  in  the  box 
with  the  official  endorsement  uppermost.  He  shall  mark  and 
deposit  his  ballot  without  undue  delay  and  shall  quit  said  inclosed 
space  as  soon  as  he  has  voted.  No  such  voter  shall  be  allowed 
to  occupy  a  voting  shelf  or  compartment  already  occupied  by 
another,  or  to  remain  within  said  inclosed  space  more  than  ten 
minutes,  or  to  occupy  a  voting  shelf  or  compartment  for  more 
than  five  minutes  in  case  all  of  such  shelves  or  compartments  are 
in  use,  and  other  voters  are  waiting  to  occupy  the  same.  No 
voter  not  an  election  officer  or  an  election  clerk,  whose  name  has 
been  checked  on  the  list  of  the  ballot  clerks,  shall  be  allowed  to 
re-enter  said  enclosed  space,  during  said  election.  The  presiding 
election  officer  or  officers,  for  the  time  being,  shall  secure  the 
observance  of  the  provisions  of  this  section. 

Sect.  25.  No  person  shall  take  or  remove  any  ballot  from  the 
polling  place  before  the  close  of  the  polls.  If  any  voter  spoils  a 
ballot  he  may  successively  obtain  others,  one  at  a  time,  not  ex- 
ceeding three  in  all,  upon  returning  each  spoiled  one.  The  ballots 
thus  returned  shall  be   immediately  canceled,  and  together  with 


15 

those  not  distributed  to  the  voters,  shall  be  preserved,  and  with 
the  check  lists  nsed,  which  shall  be  certified  by  the  ballot  clerks, 
to  be  such,  shall  be  secured,  sealed  and  sent  to  the  several  city, 
town  and  plantation  clerks,  and  by  them  be  preserved  for  six 
months,  as  a  public  record.  The  ballots  shall  be  sorted  and 
counted  in  open  town  or  ward  meeting  in  such  manner  as  to 
afford  the  electors  ample  opportunity  to  obsei've  the  sorting  and 
counting ;  and  when  the  ballots  have  been  sorted  and  counted 
and  the  result  declared  and  recorded,  all  the  ballots  shall,  in  open 
meeting,  be  sealed  in  a  package  which  said  package  together 
with  the  check  lists  sealed  in  the  same  manner  as  the  ballots, 
shall  forthwith  be  returned  to  the  city,  town  or  plantation  clerk, 
to  be  preserved  by  him  as  a  public  record,  for  six  months,  and 
any  warden,  ballot  clerk,  city  or  town  clerk  or  other  person  who 
shall  abstract  from  or  in  any  manner  tamper  with  said  packages, 
or  who  shall  in  any  manner  abstract  from  or  tamper  with  the 
unused  ballots,  shall  be  punished  by  a  fine  not  less  than  two 
hundred  nor  more  than  one  thousand  dollars,  or  by  imprisonment 
for  not  less  than  ninety  days  nor  more  than  two  years. 

Sect.  26.  Any  voter  who  shall  declare  to  the  presiding  elec- 
tion oflScer  or  oflScers  that  he  cannot  mark  his  ballot  by  reason 
of  physical  disability,  or  from  inability  to  read  the  same,  shall 
receive  the  assistance  in  the  marking  of  his  ballot,  of  two  of  the 
election  clerks ;  such  clerks  shall  not  both  represent  one  and  the 
same  political  party,  and  they  shall  certify  on  the  outside  of  such 
ballot  that  the  same  was  marked  by  them,  or  by  the  voter  with 
their  assistance,  and  thereafter  shall  give  no  information  con- 
cerning the  same.  The  presiding  election  officer  or  officers  may 
require  every  voter,  who  applies  for  such  assistance,  to  make 
oath  to  his  inability  to  mark  his  ballot,  before  such  clerks  shall 
be  directed  to  assist  as  aforesaid,  and  such  officer  or  officers  are 
hereby  qualified  to  administer  such  oath,  and  no  clerk  shall  assist 
or  offer  to  assist  any  voter  in  marking  his  ballot  until  directed 
so  to  do  by  the  presiding  election  officer  or  officers. 

Sect.  27.  If  a  voter  marks  more  names  for  any  one  office 
than  there  are  persons  to  be  elected  to  such  office,  or  if  for  any 
reason  it  is  impossible  to  determine  the  voter's  choice  for  an 
office  to  be  filled,  his  ballot  shall  not  be  counted  for  such  office. 
No  ballot  without  the  official  indorsement  shall,  except  as  herein 
otherwise  provided,  be  allowed  to  be  deposited  in  the  ballot  box. 


i6 

and  none  but  ballots  provided  in  accordance  with  the  provisions 
of  this  chapter  shall  be  counted.  Ballots  not  counted  shall  be 
marked  defective  on  the  back  thereof,  and  shall  be  preserved,  as 
required  by  section  twenty-five. 

Sect.  28.  Meetings  for  the  election  of  national,  state,  county 
and  municipal  officers  may  be  opened  as  early  as  six  o'clock  in 
the  forenoon,  and  in  no  case  shall  the  polls  be  kept  open  later 
than  five  o'clock  in  the  afternoon,  and  a  notice  of  the  time  of  open- 
ing and  closing  shall  be  given  in  the  warrant  calling  the  meeting. 

Sect.  29.  A  voter  who  shall,  except  as  herein  otherwise  pro- 
vided, allow  his  ballot  to  be  seen  by  any  person  with  an  apparent 
intention  of  letting  it  be  known  how  he  is  about  to  vote  or  who 
shall  make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere,  or  attempt  to  interfere  with 
any  voter  when  inside  said  inclosed  space,  or  when  marking  his 
ballot,  or  who  shall  endeavor  to  induce  any  voter  before  voting 
to  show  how  he  marks  or  has  marked  his  ballot,  shall  be  pun- 
ished by  fine  of  not  less  than  five,  nor  more  than  one  hundred 
dollars ;  and  election  oflScers  shall  report  any  person  so  doing 
to  a  police  officer  or  constable,  whose  duty  it  shall  be  to  see  that 
the  offender  is  duly  brought  before  the  proper  court. 

Sect.  30.  Any  person  who  shall,  prior  to  an  election  willfully 
deface  or  destroy  any  list  of  candidates  posted  in  accordance 
with  the  provisions  of  this  act,  or  who,  during  an  election,  stiall 
willfully  deface,  tear  down,  remove  or  destroy  any  card  of  instruc- 
tions or  specimen  ballot  printed  or  posted  for  the  instruction  of 
voters,  or  who  shall,  during  an  election,  willfully  remove  or 
destroy  any  of  the  supplies  or  conveniences  furnished  to  enable 
a  voter  to  prepare  his  ballot,  or  shall  willfully  hinder  the  voting 
of  others,  shall  be  punished  by  fine  of  not  less  than  five  nor 
more  than  one  hundred  dollars. 

Sect.  31.  Any  person  who  shall  falsely  make  or  willfully 
deface  or  destroy  any  certificate  of  nomination  or  nomination 
paper,  or  any  part  thereof  or  any  letter  of  withdrawal ;  or  file 
any  certificate  of  nomination  or  nomination  paper,  or  letter  of 
withdrawal,  knowing  the  same  or  any  part  thereof  to  be  falsely 
made ;  or  suppress  any  certificate  of  nomination  or  nomination 
paper,  or  any  part  thereof  which  has  been  duly  filed ;  or  forge 
or  falsely  make  the  official  indorsement  on  any  ballot ;  or  will- 
fully destroy  or   deface   any  ballot,  or  willfully  delay  the  delivery 


17 

of  any  ballots  or  shall  take  or  remove  any  ballot  outside  of  the 
inclosure  provided  for  voting  before  the  close  of  the  polls,  shall 
be  punished  by  fine  not  exceeding  one  thousand  dollars  or  by 
imprisonment  in  the  jail  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment. 

Sect.  32.  Any  public  officer  upon  whom  a  duty  is  imposed 
by  sections  one  to  twenty-eight,  both  inclusive,  of  this  chapter, 
who  shall  willfully  neglect  to  perform  such  duty,  or  who  shall 
willfully  perform  it  in  such  a  way  as  to  hinder  the  objects  of  this 
act,  shall  be  punished  by  a  fine  of  not  less  than  five,  nor  more 
than  one  thousand  dollars,  or  by  imprisonment  in  jail  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sect.  33.  Any  election  or  ballot  clerk  who  shall  assist,  or 
offer  to  assist  any  voter,  before  such  clerk  shall  have  been 
directed  by  the  presiding  officer  or  officers  to  so  assist  such  voter, 
shall  be  punished  by  a  fine  of  not  leas  than  twenty-five,  nor  more 
than  one  hundred  dollars  or  by  imprisonment  not  exceeding  sixty 
days  for  each  offense,  and  thereafter  shall  be  disqualified  from 
holding  the  office  of  election  or  ballot  clerk. 


OPINION    OF    S.    J.    COURT. 


PENOBSCOT   COUNTY. 


William   F.    Curran    vs.    William    Z.    Clayton. 

Penobscot.      Announced    July     19,    1893.      Opinion    November 

8,  1893. 

Elections.     Australian    Ballot  Law.     Defective  Ballots.     Decision  of 

Board  of  Aldermen. — when  reviewable.     R.  S.,  c.  4;  Stats.    1880. 

c.  igj;  i8gi,  c.    102;  i8gj,  c  260. 

The  elective  franchise  must  be  exercised  under  such  regulations  and 
restrictions  as  the  legislature  may  deem  reasonably  necessary  to  maintain 
order  at  elections,  prevent  intimidation,  bribery  and  fraud,  preserve  the 
purity  of  the  ballot  box  and  thus  secure  a  genuine  expression  of  public 
sentiment. 

Statutes  designed  to  secure  complete  and  inviolable  secrecy  of  ballots  cast 
at  public  elections  should  be  construed,  under  established  rules  with 
reference  to  the  mischief  to  be  remedied  and  the  object  to  be  accomplished ; 
and  interpreted,  if  practicable,  so  as  to  promote  and  not  destroy  the 
purpose  of  their  enactments. 

The  enactment  of  the  Stat,  of  1891,  c.  102,  popularly  known  as  the  "Aus- 
tralian Ballot  Law,"  was  designed  to  inaugurate  an  important  departure 
from  the  mode  of  voting  which  had  existed  in  this  State  prior  to  its 
passage. 

Its  distinguishing  feature  is  its  careful  provision  for  a  secret  ballot 

Under  this  statute  giving  the  voter  a  clear  opportunity  to  designate  by  a 
cross  mark  (X)  his  choice  of  candidates,  the  place  and  method  of  marking 
the  ballot  being  regulated  and  defined  in  the  statute,  it  was  held  thaX  ballots 
defectively  and  illegally  marked  as  follows  should  be  rejected  : — 

(1.)     Whe're  the  cioss  (X)  was  placed  above  the  name  of  the  candidate, 
and  not  in  the  appropriate  place  at  the  right  of  it ; 

(2.)     Where  there  was   a  cross    (X)    above   and    also    one    beneath    a 
candidate's  name,  but  none  at  the  right  of  it ; 

(3.)     Where  the  cross   (X)   was  placed  at  the  left  of  the  name  of  the 
candidate ; 


'9 

(4.)  Where  there  was  a  cross  (X)  under  the  party  name  at  the  head 
of  the  ticket  and  one  at  the  left  of  the  defendant's  name  on  another  party 
ticket; 

(6.)  Where  there  was  no  cross  (X)  whatever,  but  a  short,  straight 
line  drawn  across  the  square  at  the  right  of  the  party  name  at  the  head 
of  the  ticket ; 

(6.)  Where  there  was  a  cross  (X)  in  the  square  at  the  right  of  the 
name  of  each  candidate  except  that  for  Mayor,  on  one  party  ticket,  and 
a  cross  (X)  in  the  square  at  the  right  of  the  party  name  on  another  ticket. 
The  board  of  aldermen  in  the  city  of  Bangor  re-examined  the  ballots  cast 
for  alderman  in  ward  seven,  counted  for  defendant  the  six  ballots  above 
described,  and  declaring  that  there  was  no  choice,  ordered  a  new  election 
to  be  held.  The  defendant  securing  a  majority  of  the  ballots  then  cast 
claimed  to  hold  the  office  by  virtue  of  the  second  election;  that  the  subject 
matter  was  within  the  exclusive  jurisdiction  of  the  board  of  aldermen; 
and  that  the  ballots  alleged  to  be  defective  and  irregular  were  properly 
counted  •  for  him.  The  plaintiff  thereupon  began  his  proceeding  in  equity 
under  R.  S.,  c.  4,  and  Stat,  of  1893,  c.  260,  amendatory  thereto,  asking  the 
court  to  take  jurisdiction  of  the  matter,  and  require  the  defendant  to 
surrender  the  office  to  the  plaintiff.  Held;  that  the  decision  of  the  board 
of  aldermen  is  subject  to  review  by  this  court;  that  the  city  charter  is 
to  be  construed  as  affording  a  cumulative  or  primary  tribunal  only,  and 
not  an  exclusive  one ;  that  it  does  not  preclude  a  contestant  from  resorting 
to  the  court  for  a  revision  of  a  question  of  law;  and  that  the  decision 
of  the  board  of  aldermen  involved  the  determination  of  a  question  of 
law  and  not  an  issue  of  fact,  or  a  matter  of  discretion. 


Francis  Keefe,  Petitioner  for  Mandamus 

vs. 

Frank   E.    Donnell. 

York.     Opinion  November  26,  1898. 

Elections.    Ballots  and  Inspection.     Town  Clerk  Mandamus.    Stat.  iSgr., 

c.  I02,  s.  25;    J8g3,  c.  267;    R.  S.  c.  102  s.  16. 

Emery  J.  By  Act  of  1891,  c.  102,  s.  25,  as  amended  by  Act  of  1893,  c.  267, 
being  "An  Act  to  provide  for  the  printing  and  distributing  ballots  at  the 
public  expense,  and  to  regulate  roting  for  State  and  City  elections"  it 
is  provided  that  after  the  election  is  over  "when  the  ballots  have  been 
sorted  and  counted  and  the  result  declared  and  recorded,  all  the  ballots 
shall  in  open  meeting  be  sealed  in  a  package  which  said  package,  together 
with  the  check  lists  sealed  in  the  same  manner  as  the  ballots,  shall  be 
forthwith  delivered  to  the  city,  town  or  plantation  clerk  to  be  preserved 
by  him  as  a  public  record  for  six  months."  The  clerk  and  all  other  persons 
are  forbidden  to  "abstract  from  or  in  any  manner  to  tamper  with"  said 
package. 

At  the  State  election  of  1898  the  petitioner's  name  was  on  the  official  ballots 
in  the  town  of  Kittery  as  a  candidate  for  representative  to  the  legislature. 
According  to  "the  result  declared  and  recorded"  he  failed  of  an  election^ 
but  he  believed  that  if  the  ballots  had  been  properly  sorted  and  counted 
he  would  ^appear  to  be  elected.  He  desires  to^inspect  the  ballots  used  in 
that  election  and  which  were  sealed  in  a  package  and  returned  to  the  town 
clerk  of  Kittery,  and  are  now  in  his  office  still  sealed  up  in  that  package, 
the  six  months  not  having  expired.  Has  he  any  legal  right  to  inspect  them? 
It  is  argued  that  he  can  only  inspect  the  exterior  of  the  package,  that 
it  is  the  package  sealed  and  to  be  kept  sealed,  and  not  its, contents,  which 
is  to  be  "preserved  by  the  clerkas  a  public  record."  Such  a  construction 
would  leave  the  statutes  without  meaning  or  purpose. 

The  only  use  suggested  in  the  argument  for  packages  which  are  to  be  kept 
sealed  is'that  they  can  be  taken 'into  the  courts  or  legislature  and  there 
unsealed  and  sealed  again.  There  is,  however,  no  suggestion  in  the 
Act  that  the  packages  are  to  be  taken  from  the  clerk's  office,  or  that 
an  inspection  of  their'contents  can  be  had  only  by  the  court  or  legislature. 

The  contents  of  the^  packages,  the  ballots,  are  the  concern  of  the  statutes. 
Its]^  language  must  be  applied  to  them.  They  are  to  be  preserved.  They 
are  to  be  "the  public  record,"  and  their  place  is  in  the  custody  of  the  town 
clerk.  A  record,  however,  is  not  public  unless  it  can  be  inspected  by  any 
person  interested  in  what  it  shows. 


21 

It  is  again  urged  that  the  clerk  is  forbidden  to  "in  any  manner  tamper  with" 
the  package.  Taken  by  itself  this  language  might  indicate  that  the  clerk 
could  not  open  the  package,  though  the  word  "tamper"  in  a  criminal  statute 
at  least,  has  die  limited  meaning  of  improper  interference  ''as  for  the 
purpose  of  alteration;  and  to  make  objectionable  or  unauthorized  changes." 
(Cent.  Dist.)  Taken  in  connection  with  the  language  of  the  statutes 
declaring  the  packages  (in  their  contents)  to  be  public  records,  it  is 
evident  that  the  clerk  is  not  forbidden  to  open  the  packages  to  enable 
interested  persons  to  inspect  the  ballots. 

We  think  the  petitioner  has  a  legal  right  to  inspect  the  ballots,  a  right  which 
the  town  clerk  must  accord  him,  and  that  the  mandamiis  must  be  made 
peremptory.  It  does  not  follow,  howerer,  that  the  petitioner  or  any  one 
in  his  behalf  can  sort  or  count,  or  in  any  way  handle  or  even  touch  the 
ballots.  He  can  inspect  them  and  they  must  be  exposed  to  his  inspection, 
but  they  are  all  the  while  in  the  custody  of  the  clerk  and  he  is  responsible 
for  them.  The  inspection  must  be  in  his  presence,  and  he  can  make  and 
insist  on  such  regulations  or  restrictions  consistent  with  the  right  of 
inspection,  as  will  secure  every  ballot  like  any  other  record  from  loss, 
impairment  or  change  in  any  respect.  The  clerk  can  afterwards  re-seal 
the  package  for  greater  security  until  inspection  is  again  required  by  some 
person  interested. 


22 


TO  THE  COMMITTEES  OF  ALL  PARTIES. 

To  meet  the  requirements  of  the  law,  considering  the  terri- 
torial limits  of  the  State  and  the  number  of  towns  not  too  speedily 
reachable  from  Augusta,  as  mails  and  expresses  run,  all  nom- 
inating conventions  should  be  held  early  enough  to  admit  of  the 
the  reception,  at  this  oflBce  of  all  nomination  certificates  on  or 
before  the  tenth  day  of  August  for  the  State  election  and  the 
tenth  day  of  October  for  the  Presidential  election. 

Thirty  days  is  none  too  much  time  in  which  to  do  the  necessary 
work  and  insure  reaching  every  voting  precinct  in  Maine ;  to  do 
which  in  many  instances  will  require  the  shipment  of  ballots  to 
begin  at  least  five  and  perhaps  seven  days  before  the  day  of 
election. 

Therefore,  I  respectfully  urge  that  all  county  conventions  be 
held  as  early  as  July  20th  and  all  class  district  conventions  as 
early  as  August  Ist. 

BYRON   BOYD, 

^Secretary  of  State. 
Augusta,  March  1,   1904. 


GENERAL  LIBRARY 
UNIVERSITY  OF  CALIFORNIA— BERKELEY 


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